Inquiry proceedings

Inquiry proceedings is a unique Dutch procedure conducted before Enterprise Chamber at the Amsterdam Court of Appeal (EC).

Upon request of the shareholders, the union or the company itself, the EC can investigate the management and course of action within a limited company. The EC will only carry out such investigation if there are ‘well founded reasons to doubt the correctness of the course of action followed by the corporation‘. This initial assessment is the first stage of the Inquiry Proceedings.

The second stage is the actual assessment whether or not there was mismanagement in the company. If mismanagement is established the EC has the authority to further measures, like e.g. dismissal of a board member, suspension or even dissolution of the company.

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